938.539 Type 2 status.
(1) Type 2 residential care center; county department control. A juvenile who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
(2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
(3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or (c) violates a condition of his or her placement in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional facility as provided in s. 938.357 (4) (b) 1. or in a secured residential care center for children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21.
(4) Escape or absence. A juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or (c) who intentionally fails to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the center or facility is considered an escape under s. 946.42 (3) (c).
(5) Operation as Type 2 placement. With respect to a juvenile who is placed in a residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (am) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the center in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that center or less restrictive placement as a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a residential care center for children and youth or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (am) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (am) or (c).
(6) Rule-making. The department of corrections shall promulgate rules to implement this section.
History: 1995 a. 352; 2001 a. 16, 59; 2005 a. 344; 2015 a. 55; 2017 a. 185.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 938 - Juvenile justice code.
938.01 - Title, legislative intent and purposes.
938.028 - Indian juvenile welfare.
938.03 - Time and place of court; absence or disability of judge.
938.067 - Powers and duties of intake workers.
938.069 - Powers and duties of disposition staff.
938.07 - Additional sources of court services.
938.08 - Duties of person furnishing services to court.
938.09 - Representation of the interests of the public.
938.10 - Power of the judge to act as intake worker.
938.12 - Jurisdiction over juveniles alleged to be delinquent.
938.125 - Jurisdiction over juveniles alleged to have violated civil laws or ordinances.
938.13 - Jurisdiction over juveniles alleged to be in need of protection or services.
938.135 - Referral of juveniles to proceedings under ch. 51 or 55.
938.14 - Jurisdiction over interstate compact proceedings.
938.15 - Jurisdiction of other courts to determine legal custody.
938.18 - Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing.
938.183 - Original adult court jurisdiction for criminal proceedings.
938.19 - Taking a juvenile into custody.
938.195 - Recording custodial interrogations.
938.20 - Release or delivery from custody.
938.205 - Criteria for holding a juvenile in physical custody.
938.207 - Places where a juvenile may be held in nonsecure custody.
938.208 - Criteria for holding a juvenile in a juvenile detention facility.
938.209 - Criteria for holding a juvenile in a county jail or a municipal lockup facility.
938.21 - Hearing for juvenile in custody.
938.217 - Change in placement; juvenile held in custody.
938.22 - County and private juvenile facilities.
938.222 - Contracts with private entities for juvenile detention facility services.
938.223 - Contracts with Minnesota counties for juvenile detention facility services.
938.224 - Contracts with department for juvenile detention facility services.
938.225 - Statewide plan for juvenile detention and correctional facilities.
938.24 - Receipt of jurisdictional information; intake inquiry.
938.243 - Basic rights: duty of intake worker.
938.245 - Deferred prosecution.
938.25 - Petition: authorization to file.
938.255 - Petition; form and content.
938.263 - Amendment of petition.
938.265 - Consultation with victims.
938.273 - Service of summons or notice; expense.
938.275 - Parents' contribution to cost of custody, sanctions and court and legal services.
938.28 - Failure to obey summons; capias.
938.29 - Substitution of judge.
938.295 - Physical, psychological, mental or developmental examination.
938.296 - Testing for HIV infection and certain diseases.
938.2965 - Waiting area for victims and witnesses.
938.297 - Motions before trial.
938.299 - Procedures at hearings.
938.305 - Hearing upon the involuntary removal of a juvenile.
938.31 - Fact-finding hearing.
938.312 - Notice of dismissal.
938.315 - Delays, continuances and extensions.
938.325 - Proceedings by telephone or live audiovisual means.
938.331 - Court reports; effect on victim.
938.335 - Dispositional hearings.
938.34 - Disposition of juvenile adjudged delinquent.
938.341 - Delinquency adjudication; restriction on firearm possession.
938.3415 - Delinquency adjudication; restriction on body armor possession.
938.342 - Disposition; truancy and school dropout ordinance violations.
938.343 - Disposition of juvenile adjudged to have violated a civil law or an ordinance.
938.344 - Disposition; certain intoxicating liquor, beer and drug violations.
938.345 - Disposition of juvenile adjudged in need of protection or services.
938.346 - Notice to victims of juveniles' acts.
938.35 - Effect of judgment and disposition.
938.355 - Dispositional orders.
938.356 - Duty of court to warn.
938.357 - Change in placement; juvenile subject to dispositional order.
938.358 - Trial reunification.
938.36 - Payment for services.
938.361 - Payment for alcohol and other drug abuse services.
938.362 - Payment for certain special treatment or care services.
938.363 - Revision of dispositional orders.
938.364 - Dismissal of certain dispositional orders.
938.365 - Extension of orders.
938.366 - Extended out-of-home care.
938.368 - Continuation of dispositional orders.
938.371 - Access to certain information by substitute care provider.
938.373 - Medical authorization.
938.383 - Reasonable and prudent parent standard.
938.385 - Plan for transition to independent living.
938.39 - Disposition by court bars criminal proceeding.
938.44 - Jurisdiction over persons 17 or older.
938.45 - Orders applicable to adults.
938.47 - Motion for postdisposition relief and appeal.
938.48 - Authority of department of corrections.
938.485 - Authority of department.
938.50 - Examination of juveniles under supervision of department of corrections.
938.505 - Juveniles placed under correctional supervision.
938.51 - Notification of release or escape of juvenile from correctional custody or supervision.
938.52 - Facilities for care of juveniles in care of department of corrections.
938.53 - Duration of control of department of corrections over delinquents.
938.533 - Community supervision.
938.534 - Intensive supervision program.
938.535 - Early release and intensive supervision program; limits.
938.538 - Serious juvenile offender program.
938.546 - Juvenile treatment court grant program.
938.547 - Juvenile alcohol and other drug abuse pilot program.
938.548 - Multidisciplinary screen and assessment criteria.
938.549 - Juvenile classification system.
938.57 - Powers and duties of county departments providing juvenile welfare services.
938.59 - Examination and records.
938.595 - Duration of control of county departments over delinquents.
938.78 - Confidentiality of records.
938.795 - Powers of the department.
938.988 - Interstate placement of juveniles.